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Went to retrieve my car today.....!!

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Old 08-24-2016, 10:11 PM
  #61  
CindysC5
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Originally Posted by Rico7142


Lets get this done Cindy
Thanks Rico!! I'm gonna do my best! Usually pretty good with this stuff considering my background. Also taught to keep everything!
Old 08-25-2016, 02:15 AM
  #62  
laurent_zo6
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Originally Posted by CindysC5
That's a great idea!!! If no one has done that, I wouldn't mind taking on the task. I'll be immobile for a bit and used to be a secretary anyway! If the Sr Members would let us know, that'd be awesome!

I love your avatar!!! Very appropriate I must say!
Thanks regarding the avatar.
It appears that no list exists now. I will look around to see what type of automotive lists there are and how they are structured then get back to you. Thanks again.

Last edited by laurent_zo6; 08-25-2016 at 02:16 AM.
Old 08-25-2016, 06:40 AM
  #63  
norcalace
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Am I correct to assume you are basing your claim for damages on the fact you believe he has taken excessive time to effect the repairs to your car?
Old 08-25-2016, 11:58 AM
  #64  
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Originally Posted by laurent_zo6
Thanks regarding the avatar.
It appears that no list exists now. I will look around to see what type of automotive lists there are and how they are structured then get back to you. Thanks again.
Ty so much Laurent!! Appreciate that! Great idea and something I agree we all need, especially if on a trip out of state!
Old 08-25-2016, 12:16 PM
  #65  
Rob 02
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Originally Posted by norcalace
Am I correct to assume you are basing your claim for damages on the fact you believe he has taken excessive time to effect the repairs to your car?
I'm assuming due to failure/ refusal to complete the car, trying to extort more money without returning any results, etc...

He is acting like a bully.
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Old 08-25-2016, 12:50 PM
  #66  
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Word of caution - never know how the legal system will work - I'm betting this guys successfully defended this behavior in court before...sometimes overwhelming information is not enough...

Hopefully, not the case here....
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Old 08-25-2016, 01:04 PM
  #67  
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Originally Posted by norcalace
Am I correct to assume you are basing your claim for damages on the fact you believe he has taken excessive time to effect the repairs to your car?

Absolutely! He's been not there, or working on other vehicles that came in after mine.
Old 08-25-2016, 01:08 PM
  #68  
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Originally Posted by CindysC5
Absolutely! He's been not there, or working on other vehicles that came in after mine.
Based upon not recalling you having anything in writing in regards to when the work would be completed, I'm going to guess the judge is going to give him at least 2 weeks to complete the work to your satisfaction...
Old 08-25-2016, 01:08 PM
  #69  
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Just spoke to a nice guy (finally) at my insurance company! He sent me over the canceled checks and the screen shot showing payments made and that I only have $100 deductible! He was also sent a letter with the first payment that I only have $100 deductible. So, there's proof right there he's a lying sack of ****!!!

Also I did my due diligent search for his corporation and it is in his name only as President, no other names listed. So I'm good there also, thank God!

I will be printing out the screen shots of all his other work he was doing with dates, etc also.

I think I will print out the News Report from a year ago also showing he's doing same thing to us and he's done in the past!

I will be armed to the hilt! I wish him luck!! He's gonna need a whole lot of it!!
Old 08-25-2016, 02:23 PM
  #70  
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What a cluster.... Good luck!!!!

So your car is still there????????
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Old 08-25-2016, 02:47 PM
  #71  
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Originally Posted by CindysC5
Absolutely! He's been not there, or working on other vehicles that came in after mine.
Are you prepared to prove that? Do you have an estimate that identifies a completion date? Was one discussed? Texts, emails to that end? Does your estimate specify repair operations and have a time to accomplish identified?
Also be prepared to have your own words used against you. I wouldn't bet against him having read and printed all the posts in your original thread. Go back and read it with an unbiased eye, as a judge would, and you may see a different point of view.
Not trying to defend, discourage or dissuade anyone involved just playing a little devils advocate.
Don't assume you'll prevail because of all the support and advice you've been getting here. All we have to base our opinions on is your words from your perspective. The judge gets to hear both sides and they both have to PROVE what the say. Just want to suggest you may have more of an uphill battle than you think.
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Old 08-25-2016, 03:03 PM
  #72  
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Sorry to read this. I went through the same thing with my car. I even had to fix things that the shop did wrong after I got it back. It is amazing how many of these clowns continue to operate. Good luck with all of this. I hope you get your car back soon.
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Old 08-25-2016, 03:58 PM
  #73  
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Originally Posted by CindysC5
Hey Mark! Thank you so much for the advice and heads up on the corporation. It is Incorporated and the guy who stopped by last night said it's owned by Eric and his Father (or brother can't remember now). I only put Xtreme Kustomz, Inc. on the Complaint. I was going to also put his first name, but did't think that really mattered. That's the name the checks from ins co went to also. I still will do some searching with the state corporation commission. I do want to be sure.

While we're on it and sounds like you are a lawyer or certainly have been through this enough, wondering if I should change the $ figure I put down higher. Says, Damage Due for Loss of Use. Can I put in my car payments, ins, and extended warranty I've been paying close to $500/month on for 6 months while not in use??? That certainly would add up along with husband missing work here and there and me missing appts, wear and tear on his car for having to use it for my appts, etc. Never mind the breakdown I had, stress I've been under and arguing this has caused! What about all that?!


It depends on what your State law dictates. Here you would only be able to recover your actual losses. Stuff like car payments or other vehicle related expenses would not be covered. You would have had to pay those anyway. You also would not be able to recover attorney fees unless the contract under which you were operating provided for them. The best advise I can give you is to call either your local bar association or the state bar and ask for a referral to lawyer who deals in these types of matters. Almost every bar has a referral service which will give you 30 min to an hour for a nominal fee. Well worth it to have someone in the know to look over your shoulder and make sure you are not making any obvious mistakes. Good Luck!
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Old 08-25-2016, 04:01 PM
  #74  
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http://www.ncbar.org/public-resource...erral-service/

They charge $50 for a 30 minute session.
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Old 08-25-2016, 04:50 PM
  #75  
the kid C6
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I'm new to this saga, but the old thread was an interesting read. I can't believe that linked story about the couple's pickup truck that was there for four years. The news story doesn't give a resolution, either.

What a mess.

If it were me, I'd do whatever I could to get the car back and take it somewhere else.
Old 08-25-2016, 05:07 PM
  #76  
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and reading updates and ing some more !!!
Old 08-25-2016, 05:51 PM
  #77  
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Originally Posted by CindysC5
I asked one of the clerks at court and she wasn't sure. We can bring phones into this courthouse thank goodness! My county you can't anymore... So, I plan on bringing it, trust me! Oh I'll be getting so much together the Judge will be like, OK I've heard and seen enough! Just wait!
It would probably be best if you brought the video with you on a CD. That way you can leave it with the court as evidence. Playing it on your phone may or not be allowed if the defense can't get a copy of it. It's great that you got video evidence of this person. That usually plays very well in court.
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Old 08-25-2016, 06:15 PM
  #78  
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Originally Posted by oh1vette
Word of caution - never know how the legal system will work - I'm betting this guys successfully defended this behavior in court before...sometimes overwhelming information is not enough...

Hopefully, not the case here....
Yep, that's what im saying as well

If she is in a position where the only way to get her car back is the civil courts, she is in for a real nightmare

I would try to get the car back every day, go talk to him, yell at him,. reason with him, call the cops again, do anything you can to get the car before it ends up in the courts
Old 08-25-2016, 06:28 PM
  #79  
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=

Last edited by 1Willy1; 08-25-2016 at 06:34 PM.
Old 08-25-2016, 06:30 PM
  #80  
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If I stopped by a shop on a Tuesday and everything was locked up tight, I'd be in a panic.

I'd find a way to stop in daily. Gentle pressure.


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